logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2015.10.08 2014가합11828
손해배상(기)
Text

1. The Defendant shall pay 179,469,99 won to the Plaintiff and 20% interest per annum from August 27, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff sold the purchase price of KRW 658,00,000 on March 22, 2012, in response to the Defendant’s proposal that he/she owned C forest land 15,563 square meters, and that he/she planned to sell a detached house after conversion of a mountainous district and expected to sell it.

After that, the defendant suggested that the plaintiff should pay the purchase price with the money received from the purchaser by dividing the forest land into several parcels, and then, the plaintiff has accepted this and delegated the right to sell forest land to the defendant.

B. On April 13, 2012, the Defendant: (a) sold the Plaintiff’s KRW 243 square meters of land E, which was divided into the foregoing forest and field, to F in the purchase price of KRW 33,00,000; and (b) sold the G forest and field of KRW 862 square meters to H on April 17, 2012; and (c) sold the I forest and field of KRW 937 square meters to J in the total purchase price of KRW 221,00,000,000.

Afterwards, the Defendant did not pay the Plaintiff the purchase price of KRW 33,00,000,000, which was paid by F, and paid only KRW 169,470,000, which was part of the purchase price, to the Plaintiff even though H and J received payment of KRW 169,470,000 from H and J, and did not pay the remaining purchase price.

C. At the time of sale of forest land to H and J, the Defendant agreed to complete the construction permit, etc. in L which K is the representative director, but rather, it was subject to punishment of KRW 45,00,000 as receiving profits from gathering earth and sand outside the area where permission for gathering earth and sand was obtained, and thus, the permission for mountainous district conversion was revoked.

Accordingly, H and J filed a lawsuit against the Plaintiff, the seller under the sales contract (this Court 2013Gahap1135), and the decision to recommend reconciliation that “The Plaintiff shall pay KRW 171,469,99 at the same time when cancelling the ownership transfer registration of forest” was finalized.

[Grounds for Recognition] Judgment on Confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. The judgment of the court below is based on the following facts: the defendant received the purchase price from F from the plaintiff.

arrow